Trademark Symbols TM™, R®, and C©: Know The Difference

The three symbols look similar but mean very different things in Indian law:

• ™ (TM) means you claim a word, logo or slogan as your brand. You can use it any time, even before you apply.
• ® (R) means the mark is registered with the Trade Marks Registry. You can use it only after registration. Using it earlier is an offence under Section 107 of the Trade Marks Act, 1999, punishable with imprisonment of up to 3 years, a fine, or both.
• © (C) is a copyright notice for original creative work such as content, designs, software or photos.

This guide is for founders, D2C brands, designers and marketers deciding which symbol to put on their logo, packaging and website.

TM vs ® vs © at a Glance

What Each Symbol Means

TM Symbol

™ tells people you treat a name, logo or slogan as your brand. It has no registration behind it, but it warns others and supports a passing-off claim if someone copies you.

R Symbol

® means the Trade Marks Registry has registered your mark for specific goods or services. It gives you the exclusive right to use it and to sue for infringement.

C Symbol

© marks original creative work. In India, copyright exists automatically when the work is created; the symbol simply reminds people the work is protected.

SM Symbol

℠ marks a service brand. It's common in the US, but rarely used in India, where ™ is generally used for both goods and services.

When Can You Use Each Symbol? (By Trademark Status)

Your trademark status

Correct symbol

Why

Not applied yet

™

You're claiming the brand but it isn't registered

Application filed / "New application"

™

Filing is not registration

Formalities check / Marked for exam

™

Still under process

Objected / Show cause hearing

™

Registration not granted

Accepted & advertised / Opposed

™

Can still be opposed

Registered (certificate issued)

®

Now legally registered

Registration expired (not renewed)

™

® must stop once registration lapses

Key point: once registered, your rights date back to your application date, but you can use the ® symbol only after the registration certificate is issued.

Can I Use the ® Symbol Before Registration?

No. Section 107 of the Trade Marks Act, 1999 makes it an offence to represent a mark as registered when it isn't. That includes using the word "registered" or any symbol that implies registration, such as ®.

Using ® early also weakens your position if you later have a dispute, because it can look like bad faith.

Trademark vs Copyright: Which One Do You Need?

How to Type ™, ® and ©

On phones, long-press special characters on the keyboard, or copy the symbol from this page.

Benefits of Using the Right Symbol

Brand Warning

™ tells competitors you're claiming the name. That alone deters many casual copycats.

Legal Evidence

Consistent use of ™ on packaging and invoices helps prove prior use if you later have to show you used the brand first.

Buyer Trust

® signals a registered, protected brand, which retailers, marketplaces and distributors look for.

Marketplace Protection

Amazon Brand Registry and other marketplace brand programmes generally ask for a registered or applied-for trademark, so correct status helps.

Avoid Prosecution

Using ® only after registration keeps you clear of Section 107 and avoids weakening your case in a dispute.

Common Mistakes to Avoid

Using ® Early

The most common mistake: putting ® on packaging as soon as the application is filed. Use ™ until the certificate is issued.

Wrong Goods

A mark registered in one class can't be shown as ® for products in a class it doesn't cover. Check your registration's classes.

Forgetting Renewal

Trademarks need renewal every 10 years. If registration lapses, switch back to ™ until it's renewed or restored.

Confusing © and ®

© on a logo doesn't give trademark protection. If the logo is your brand, file a trademark application too.

Trademark Registration Costs in India

Applicant

Government fee per class (online filing)

Individual, startup, small enterprise

₹4,500

Others (companies, LLPs not qualifying as small)

₹9,000

Renewal (every 10 years)

As per the current IP India fee schedule

Professional fees for search, filing and replying to objections are extra. Registration usually takes several months to over a year if there's an objection or opposition.

Practical Example

A Pune-based snack brand, "CrunchKatha", files a trademark application in Class 30 in January. Its designer prints ® on the first batch of packets. A competitor's lawyer points out that the mark is still "Marked for Exam" and threatens a complaint under Section 107.

The brand reprints with ™, keeps using it through the objection reply and advertisement stage, and switches to ® only when the registration certificate is issued 14 months later.

Latest Updates

• Online status checks: Trademark status can be checked online on IP India's public search and e-register, which is the easiest way to confirm whether you can switch to ®.
• Startup fee concession: Recognised startups, individuals and small enterprises continue to pay the reduced ₹4,500 filing fee per class.

Frequently Asked Questions

1. What is the difference between TM and ®? ™ shows you claim a mark as your brand, registered or not. ® can be used only after the mark is registered with the Trade Marks Registry.

2. Can I use the ® symbol after applying for a trademark? No. Applying is not registration. Use ™ until the registration certificate is issued.

3. What is the penalty for using ® without registration? Under Section 107 of the Trade Marks Act, 1999, falsely representing a mark as registered is punishable with imprisonment of up to 3 years, a fine, or both.

4. Do I need permission to use the TM symbol? No. Anyone can use ™ to claim a brand, even without applying. It gives limited protection compared with registration.

5. What does © mean? It's the copyright symbol, used on original creative work such as content, artwork, music, photos and software.

6. Should I use © or ® on my logo? If the logo is registered as a trademark, use ®. Otherwise use ™. A logo can also be protected by copyright as artistic work, but that doesn't replace trademark registration.

7. Can I use ® if my trademark is objected? No. Objected, opposed or accepted-but-advertised marks are not registered. Use ™.

8. Where should I place the trademark symbol? Usually at the top right or bottom right of the mark, at least the first time it appears prominently on packaging or a page.

9. Is the ℠ symbol used in India? Rarely. In India, ™ is generally used for both goods and service brands.

10. How long does a registered trademark last? 10 years from the application date, and it can be renewed every 10 years indefinitely.

Conclusion

Use ™ from day one to claim your brand, ® only once your registration certificate is issued, and © for your original content and designs. The one mistake to avoid is using ® early. It's an offence under Section 107 and can weaken your case if you ever have to defend your brand.

Ready to protect your brand properly? Contact StartupFlora for a trademark search and filing.

Disclaimer

StartupFlora is a consulting and advisory firm. This article is general information, not legal advice. For disputes or objections, consult a trademark attorney.